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“three sheep” are under investigation: will local regulators “protect their own sheep”?

2024-09-18

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regarding topics on the internet such as "the 'hong kong meicheng mooncakes' sold in the 'three sheep' live broadcast room are not produced and sold in hong kong", on september 18, the guangzhou huadu district market supervision and administration bureau issued a situation report.

the report mentioned that the incident involved two companies in huadu district (referred to as "guangzhou meicheng food company" and "guangzhou meicheng technology company") and one hong kong company (referred to as "hong kong meicheng food group"). after verification, no illegal behavior was found in the two companies in huadu district, no prominent food safety hazards were found, and all relevant random inspections were qualified.

the notice mentioned that the district market supervision bureau has sent letters to the market supervision departments where the live broadcast platform is located and the market supervision departments where the live broadcast delivery company is registered, requesting assistance in the investigation, and the relevant situation needs further verification. next, the relevant departments will closely follow up on the progress of the incident, conduct further verification of the cooperation relationship and content between guangzhou meicheng food co., ltd. and the relevant live broadcast delivery platform, and strengthen supervision and compliance guidance for related companies.

previously, the "hong kong meicheng mooncakes" sold through live streaming by three sheep network technology co., ltd. (hereinafter referred to as "three sheep") attracted a lot of attention. the live streaming playback video showed that "crazy little yang brother" (zhang qingyang) and his anchors claimed in the live streaming room that this mooncake is a high-end brand in hong kong, with black truffles inside, prepared by a michelin master. "it's a 20-year-old brand, you can't even queue up to buy it, and it usually sells for 238 yuan a box offline."

tianyancha shows that hong kong meicheng food group was established in 2019 and is registered in the hong kong special administrative region. the brand operator is guangzhou meicheng food company, which was established in 2019 and is located in guangzhou, guangdong province. it is a wholesale-based enterprise. the manufacturer is guangzhou meicheng technology company, which was established in 2014 and is a food manufacturing-based enterprise.

many agents and netizens said that meicheng mooncakes has no stores in hong kong. some netizens also posted the origin information of the mooncakes they bought, which were basically from guangzhou and foshan.

on september 13, the online customer service of the product in question stated that the meicheng brand was registered in hong kong and had a trademark registration certificate. "in order to better expand market demand, we have established marketing centers and production bases in guangzhou and foshan." currently, there are no offline stores in hong kong.

at 12:21 on september 17, the hefei high-tech zone market supervision and administration bureau issued a notice stating that it has filed a case to investigate the suspected "misleading consumers" behavior of "three sheep" during the live broadcast, and will handle it in accordance with the law based on the results of the investigation.

the on-duty staff of the hefei high-tech zone market supervision bureau said that the bureau's supervision department is responsible for this matter. "we will issue a notice, and (then) our specific business department will give feedback."

other media reported that at 11:45 on september 17, the hefei high-tech zone management committee's weibo account "hefei high-tech release" had released a notice similar to the above content, but it was deleted soon after it was released, triggering widespread doubts. the notice stated that the hefei high-tech zone market supervision bureau and relevant departments have repeatedly interviewed and urged companies to standardize their business operations, and will resolutely investigate and deal with illegal and irregular behaviors in live streaming sales by companies in accordance with the law.

meicheng mooncakes are produced in guangzhou and foshan, but they use the trademark “hong kong meicheng mooncakes”. can they call themselves a hong kong brand?

intellectual property lawyer zhong shuqiit stated that although meicheng mooncakes claimed that it had registered the hong kong meicheng trademark, a trademark is not equal to a brand and the concept cannot be replaced. meicheng mooncakes claimed to be a well-known brand in hong kong. the "three sheep" live broadcast said that the brand had been established for more than 20 years, but the company was actually a guangzhou company that was only registered in 2019, which may be suspected of false advertising.

zhong shuqi believes that the responsibility of "three sheep" in this incident needs to be clarified. "three sheep" may be the seller or just the advertiser, depending on whether the link purchased by the consumer is from "three sheep" or a third-party product link.

fu jian, director of henan zejin law firmit is believed that the company only registered its trademark in hong kong, all its production activities are carried out in the mainland, and it deliberately emphasizes words such as "hong kong brand" in its publicity, misleading consumers into believing that the products come from hong kong, which constitutes false advertising.

lawyer fu jian pointed out that if the "three sheep" is found to have misled consumers, it may be suspected of violating the provisions of the advertising law on false advertising. the specific charges may include false advertising, consumer fraud, etc. the punishment measures may include fines, orders to stop illegal activities, eliminate the impact, and compensate consumers for losses.

cheng shoufa, a lawyer at shandong zhongcheng qingtai jinan officeit is believed that "three sheep" may be fined five times its turnover, or even have its business license revoked.

southern metropolis daily published an article saying that it is necessary to ask what the deleted notice said about "many talks to urge the company to regulate its business behavior"? for such a leading live broadcast company that was once selected as the "headquarters enterprise of the year", is the local supervision in place, or is it just "not an exception" again and again? you know, optimizing the business environment has never been about relaxing supervision, not being too generous, and certainly not protecting the calf.